[HISTORY: Adopted by the Board of Commissioners
of the Township of Muhlenberg 11-19-2001 by Ord. No. 364;[1] amended in its entirety 9-15-2014 by Ord. No. 535 (Ch. 57 of the 1982 Code).
Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 57,
Burning, Outdoor, adopted 6-21-1971 by Ord. No. 107, as amended.
This chapter shall be known as the "Township of Muhlenberg Open
Burning Ordinance."
As used in this chapter, unless the context compels otherwise,
the following terms shall have the meanings indicated:
An outdoor fire which is not contained in an incinerator,
fixed outdoor fireplace, portable outdoor fireplace, cooking grill
or outdoor wood boiler and which is for the purpose of pleasure, religious,
ceremonial, cooking, disposal of brush, warmth or similar purpose.
The Code Enforcement Official or a Muhlenberg Township police
officer.
An outdoor man-made appliance which uses charcoal, natural
gas or propane as the primary fuel source and is designed and used
for the purpose to cook food outdoors.
Odors or smoke that would be offensive to the typical human
being and which prevails longer than momentarily.
An outdoor, solid-fuel-burning, charcoal-burning, propane
or natural-gas-burning fireplace that may be constructed of stone,
brick, steel, concrete, clay or other noncombustible material that
is fixed to the real property.
An outdoor man-made appliance or structure which uses solid
fuel, charcoal or propane as the primary fuel source for the express
purpose of heating a residential or commercial building.
Any individual or individuals, partnership, limited partnership,
association, corporation or other entity singular or plural, including
the responsible officers of any such entity.
A non fixed, outdoor, solid-fuel-burning fireplace that may
be constructed of steel, concrete, clay or other noncombustible material.
A portable outdoor fireplace may be of open design or may be equipped
with a small hearth opening and a short chimney.
The Township of Muhlenberg, Berks County, Pennsylvania.
No person shall burn any material of any kind in the Township,
except as authorized by this chapter.
A.Â
Subject to this chapter, an adult
property owner or other adult authorized by the property owner may
conduct or allow an open burn on his or her property, in a fixed outdoor
fireplace, a portable outdoor fireplace, and/or a cooking grill. However,
if, in the Code Official's sole judgment, the open burn poses a risk
to life or property and to prevent or abate the nuisances caused by
such burning (a nuisance would be defined as ash fallout, smoke accumulation
in the area, or excessive odor), the Code Official can require the
immediate extinguishment of the open burning. In addition, the Code
Official may condition future use of the fixed outdoor fireplace,
portable outdoor fireplace, or cooking grill on such reasonable precautions
(such as relocation, type of fuel, etc.) as in the Code Official's
judgment would eliminate the nuisance during future use. Failure to
comply with the direction of the Code Official shall result in penalties
as set forth hereinbelow.
B.Â
Except as set forth in Subsection A hereinabove, no person may allow a bonfire on his or her property without a permit. A permit application shall be obtained from the Township office. A person must allow at least 10 days for the application to be reviewed and the site inspected. Upon verification that the proposed open burning complies with this chapter, the Code Official shall approve the application or provide a written explanation for denying the application. The permit will be issued for a specific date and time and will expire at the end of the permitted time frame. The following requirements must be met for the issuance of a permit for all other open burning:
(1)Â
The lot must be at least five
acres in area;
(2)Â
The burn must be located 30
feet from any building or property line;
(3)Â
The burn must be located at
a place where no fire may endanger any structure, building, or other
property;
(4)Â
The burn must be supervised
and maintained by an adult from the time the burning commences until
total extinguishment;
(5)Â
The permit shall expire between
sunset and sunrise; and
(6)Â
A minimum of one portable
fire extinguisher with a 4A rating or other approved on-site fire-extinguishing
equipment, such as dirt, sand, water barrel, garden hose, or water
truck, shall be available for immediate utilization.
C.Â
An annual permit (for a permit
year of July 1 through June 30) is required for any outdoor wood boilers.
The permit must be renewed annually and expires on June 30 of each
permit year. The following requirements must be met for the issuance
of an outdoor wood boiler:
(1)Â
The outdoor wood boiler must
be located a minimum of 30 feet from all property lines and structures;
(2)Â
The chimney of the outdoor
wood boiler must be a minimum of 12 feet high, measuring from the
connection point of the chimney to the outdoor wood boiler to the
top of the spark arrestor;
(3)Â
A spark arrestor must be installed
on the top of the chimney;
(4)Â
Compliance with the Pennsylvania
Uniform Construction Code; and
(5)Â
The outdoor wood boiler is
not likely to cause a nuisance.
D.Â
Any permit issued may be revoked,
requiring the immediate extinguishment of the open burning, for violations
of the issued permit, for burning prohibited materials, or if, in
the Code Official's sole judgment, the fire poses a risk to life or
property and to prevent or abate the nuisances caused by such burning
(a nuisance would be defined as ash fallout, smoke accumulation in
the area, or excessive odor).
E.Â
Permit fees will be set from time
to time by a duly adopted resolution of the Board of Commissioners.
A.Â
Acceptable materials to burn when
authorized to burn by permit are charcoal; natural gas or propane;
dry, clean logs, twigs or other untreated wood products. Only smokeless
fuels or small kindling such as sticks and newspaper may be used to
start a fire.
B.Â
Prohibited materials to start
or maintain a fire when authorized to burn by permit are paints; painted
or chemically treated wood; railroad ties; telephone poles; plastics;
cardboard boxes; paper or paper products; garbage or any other household
or residual waste; oil; grease; gasoline; asphalt or products or other
petroleum products; rubber; tires; tar or tar paper; dead animals;
animal or human waste; pathogenic waste; insulated wire; toxic or
noxious materials; cloth; leaves; green yard waste; or any other materials
that tend to cause excessive smoke or excessive odor.
The Board of Commissioners may declare a fire ban emergency
in Muhlenberg Township with or without consultation with the Emergency
Management Coordinator and/or fire chiefs of the local fire companies
during a period of drought or other periods of high risk to woodlands
or property within Muhlenberg Township.
A.Â
Any person convicted of violating
any of the provisions of this chapter, or neglecting to comply with
any order or notice issued pursuant hereto, upon conviction thereof,
shall be sentenced to pay a fine of not more than $1,000, and in default
of payment such person shall be committed to the Berks County Prison
for a period of up to 30 days.
B.Â
Each day's continuance of any
violation of this chapter shall constitute a separate offense, punishable
by a like fine and imprisonment in default of payment thereof.
C.Â
Any person convicted of violating
any of the provisions of this chapter, or neglecting to comply with
any order or notice issued pursuant hereto, upon conviction thereof,
shall be required to reimburse any fire company and/or Muhlenberg
Township for any and all expenses incurred by them in responding to
and containing said fire.
The proper officials of the Township are hereby authorized and
empowered to take such additional action as they may deem necessary
or appropriate to implement this chapter.
The provisions of this Township of Muhlenberg Open Burning Ordinance
shall be severable, and if any provision hereof shall be held to be
unconstitutional, invalid or illegal by any court of competent jurisdiction,
such decision shall not affect the validity of any of the remaining
provisions of the chapter.
The chapter shall become effective immediately upon enactment
or, if later, upon the earliest date permitted by law.
